KULDEEP SINGH Vs. PRESIDING OFFICER & OTHERS

JUDGEMENT

(1.) This appeal has been preferred against order of learned Single Judge, allowing the writ petition of the appellant to the extent of payment of Rs. 20,000/- as compensation but declining relief of reinstatement with backwages.

(2.) The appellant was appointed as Assistant Lineman on 22.10.1991 and he worked on the said post upto 31.5.1993, beyond which his appointment was not extended. He raised an industrial dispute, alleging violation of Section 25-F of the Industrial Disputes Act, 1947 (for short, 'the Act'), which was referred for adjudication to the Labour Court. The management contested the claim on the ground that his appointment was on adhoc basis for six months which was extended from time to time and thus, there was no violation of Section 25-F of the Act. The Labour Court upheld the objection of the management that the case fell under Clause (bb) of Section 2(oo) of the Act and termination did not amount to retrenchment, relying on judgments of the Hon'ble Supreme Court in Punjab State Electricity Board. v. Darbara Singh, 2006 1 SCC 121 and Kishore Chandra Samal v. D.M, Orissa State Cashew Development Corporation Limited, 2006 1 SCC 253. Aggrieved thereby, the appellant filed writ petition in this Court. Learned Single Judge declined to accept the plea of reinstatement with backwages following judgments of the Hon'ble Supreme Court in Ghaziabad Development Authority and another v. Ashok Kumar and another, 2008 4 SCC 261, Mahboob Deepak v. Nagar Panchayat, Gajraula, 2008 1 SCC 575, M.P. Administration v. Tribhuwan, 2007 9 SCC 748 and State of M.P. and others v. Lalit Kumar Verma, 2007 1 SCC 575, holding that since appointment of the appellant to a public post was without following the mandate of Article 16 of the Constitution, reinstatement was not permissible. However, relying on judgment of the Hon'ble Supreme Court in Telecom District Manager and others v. Keshab Deb, 2008 8 SCC 402 and Division Bench of this Court in State of Haryana through Executive Engineer v. Ishwar Singh and others,2008 3 SCT 789, compensation of Rs. 20,000/- was ordered to be paid.

(3.) We have heard learned counsel for the parties and perused the record.